Legal Opinion

Market Square Associates, Ltd. v. Commonwealth Land Title Insurance (In re Market Square Associates, Ltd.)

District Court, S.D. New York

Decided January 8, 1986No. Bankruptcy Nos. 80 B 11908 (PA), 80 B 11907 (PA); Adv. No. 81-5225-APublished

1Opinion of the Court

PRUDENCE B. ABRAM, Bankruptcy Judge:

The debtors, Market Square Associates, Ltd. (“Market Square”) and Chestnut Grove Associates, Ltd. (“Chestnut Grove”) (Collectively the “Debtors”), both of which are Pennsylvania limited partnerships, each filed a petition for reorganization under Chapter 11 of the Bankruptcy Code on November 12, 1980. Thereafter, and on May 4, 1981, the Debtors instituted this adversary proceeding against Commonwealth Land Title Insurance Co. (“Commonwealth”).

The complaint has five claims for relief. Count 1 alleges that

“18. As a result of defendant’s willful and…

2Cases cited10 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  3. Pagan v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1976
  4. Teitelbaum v. Equitable Handbag Co. (In Re Outlet Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1985
  5. Rozner v. Resolute Paper Products Corp.Appellate Division of the Supreme Court of the State of New York · 1971

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